Can dependant (on h4)apply for AP, when the primary applicant stays on H1 while I-485 pending?

[Carl]

While I-485 is pending, can my dependant apply for AP for travel while I, as the primary applicant, stays on H1? (we have considered other options, such as the dependant can apply for H4 each time since in my home country H4 visas are only issued with one entry). I could apply for EAD. But I do not want to give up H1 before the approval of the I-485 if I do not have to. We want to find out whether my dependant could apply for AP without my applying for EAD and AP. Does anyone have any idea or experience? Thanks.

 

[JKC]

Yes

Principal applicant or dependent or both can apply for only EAD, only AP or both. If H1 holder is also holding AP, he/she can still enter US on H1. EAD will not nullify H1 and might be useful if job change is sought after 180 days. It\'s always recommended to apply for EAD and AP for both principal applicant and dependent though you may not necessarily use them.(they will be handy when needed)